How Judges are Appointed

From another side people are living in totally different world now than it was hundreds of years ago. Now the world is smaller, women have much more contribution in life than it was before even in legal professions as this writer argues:

A few weeks ago I commented on the survey showing that pre-teen and teenage girls are much keener on becoming lawyers than boys of the same ages. Now, the latest official statistics show that 63% of law undergraduates are women. Not all will become practising lawyers, but the figures show that, last year, 55% of new solicitors were women.

Britain becomes a diverse society and the contribution of the Black, Asians and the other minorities to the progress of this country is unavoidable. However the selection of judges through public elections may make the judges the same of the politicians, by regarding that electoral propaganda does not guarantee good judges.

The international Society is asking for democracy more than any time before. Women are entering the legal profession rapidly, so it can be argued that it is time for change. The table below shows some new progress in appointing more women judges in the Court of Appeal:

[Judicial Appointments- women, September1st 2003]

Another great progress is what published by The Guardian on Friday October 24, 2003, which can be counted as a turning point in the history of English Legal System:

Legal history will be created next January when one of the last all-male bastions of the British establishment admits a woman for the first time. Dame Brenda Hale, one of three women judges in the court of appeal, will become the UK’s first woman law lord and one of the 12 judges who will sit in the proposed new Supreme Court.

Her appointment comes amid government moves to end the white, male, public school stranglehold on the judiciary, including a proposed independent judicial appointments commission with a brief to make the judges more representative of the people they serve. [Dyer, October24th 2003]

People are more familiar with other countries systems where judges are selected through a career system, such as France.

In civil law systems, such as France, there is normally a career judiciary. Individuals opt to become judges at an early stage, and are specifically trained for the job, rather than becoming lawyers first as they do here. [Elliot & Quinn 2002, p. 101]

In USA also they follow two ways in order to appoint judges:

In the US there are two basic methods of selection, appointment and election, although a compromise between the two methods is often made. [Ibid]

Conclusion

The English Legal system is the result of hundreds of years of legal progress and practice, as well as Parliamentary consultation as a part of tradition of the British Islands. It has many positive sides with a history of good reputation. From another hand the world is always in development the same is true for societies.

The English society becomes a diverse society and the role of women, Black, Asian and other Minority Ethnic Communities becomes more and more significant.

The government also realizes the need for change in the system and good progress is on the way. There are many consultation papers regarding the way judges are appointed and the participation of other groups in these institutions.

The appointment of two new women judges in the Court of Appeal and the promise to raise one of them to the House of Lords by January is a good sign for the new developments and it can be the first step for further progress in the future.